Last Updated: November 2025
Welcome, and thank you for your interest in Locavana LLC ("Locavana," "we," or "us") and our website at www.locavana.com/groceries, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Locavana regarding your use of the Service.
The Services include a technology platform that presents you with a set of one or more retailer (each a "Retailer") virtual storefronts or Locavana's virtual storefront from which you can select goods from the Retailer or Locavana, as applicable, for delivery to the location you specify in the technology platform. Depending on the goods purchased through the Services, picking and packing of the goods, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers.
By agreeing to these Terms, you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
To access the features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, home or delivery address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@locavana.com.
When you use the Services to place an order for goods, you authorize the purchase of those goods from the Retailers you select or Locavana, as applicable. With respect to goods purchased from Retailer virtual storefronts, unless otherwise specified, you acknowledge and agree that Locavana is acting as your agent in the delivery of goods purchased by you and that the Retailer—not Locavana—is the seller of the goods to you. In such contexts, you agree that your purchase is being made from the Retailer you have selected, that Retailer is the merchant of record, and that title to any goods passes to you when they are purchased from the applicable Retailer's store through the Services.
You agree that Locavana or the applicable Retailer will obtain an authorization for your credit card, debit card, or other payment method on file with Locavana to cover the cost of the goods you have purchased and any separate Locavana fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes and/or tips. By providing us with a payment method, such as a credit or debit card, you authorize us, or our third party processor, to charge you the price of your purchase, as presented to you at the time of purchase.
Retailers may set the prices of the goods available for purchase through the Services, and some Retailers may set prices for goods available for purchase through the Service that differ from in-store prices, differ between storefronts, or differ from the prices available on other online platforms or services. The prices displayed on the Services may not be the lowest prices at which the same goods or items are sold.
Goods from Retailers may be available for purchase through the Service from time to time. Our selection of goods from Retailers may change without notice, and we cannot guarantee that any goods will be available at any particular time, by a particular Retailer, or in your particular region, even if it appears to be available on the Service.
Locavana may change the price of the goods it sells via the Services and the fees it charges for the Services, including but not limited to delivery fees, priority fees, service fees, direct-to-consumer shipping fees, long distance fees, regulatory-related fees, bag fees, and special handling fees. Locavana may vary certain prices and fees based on demand, order attributes, and/or other factors. Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items, weight adjustments, or tips that you may elect to add after delivery.
The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account, and will automatically renew for successive periods of the same duration unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Locavana or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. You may cancel the Subscription Service by contacting us at info@locavana.com.
Locavana may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of the unpaid amount, including collection fees or prices, as applicable.
Returns of or refunds for goods purchased from a Retailer or Locavana through the Service may only be requested and considered: (i) for goods that are damaged during delivery or incorrect or missing; (ii) within twenty-four (24) hours of delivery; and (iii) with a photo and written description of the defect. To the extent Locavana, in its sole discretion, elects to issue a refund with respect to such defective goods, refunds will be processed to the original payment method.
From time to time, Locavana may offer promotions, discounts, rebates, coupons, limited-time offers, bundles, loyalty incentives, or other promotional programs related to the Services (collectively, "Promotions"). Promotions are subject to availability and may be modified, extended, or withdrawn at any time in our sole discretion without prior notice, except as required by applicable law. Unless expressly stated otherwise, Promotions are personal to the recipient, may not be sold, exchanged, or transferred, and have no cash value.
Subject to your complete and ongoing compliance with these Terms, Locavana grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service on a mobile device that you own or control; and (b) access and use the Service.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.
If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Locavana an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by Locavana. The visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Service provided by Locavana (collectively, "Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Locavana or its third-party licensors. Except as expressly authorized by Locavana, you may not make use of the Materials.
Locavana may provide tools through the Service that enable you to export information to third-party services. By using one of these tools, you hereby authorize Locavana to transfer that information to the applicable third-party service. Third-party services are not under Locavana's control, and, to the fullest extent permitted by law, Locavana is not responsible for any third-party service's use of your exported information.
The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses.
You agree that Locavana does not assume responsibility for any goods, content, services, websites, advertisements, offers, or information that is provided by third parties, including Retailers, and made available through the Services. All health and wellness information, nutritional content, and nutritional information is provided for informational purposes only and is not a substitute for the diagnosis, treatment and advice of a qualified health-care provider.
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Service, including messages, reviews, photos, video or audio, images, data, text, and any other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
By Posting User Content to or via the Service, you grant Locavana a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform, communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels.
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. By providing User Content via the Service, you affirm, represent, and warrant that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Locavana and users of the Service to use and distribute your User Content as necessary.
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Locavana may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms.
You agree that Locavana and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM LOCAVANA, YOU CAN EMAIL INFO@LOCAVANA.COM OR TEXT THE WORD "STOP" TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES.
When you install our app on your mobile device, you agree to receive push notifications. You can turn off notifications by visiting your mobile device's "settings" page.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
BY USING THE SERVICE, YOU AGREE NOT TO:
Locavana respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services. Locavana's policy is to remove or disable access to User Content that Locavana believes in good faith is infringing the intellectual property rights of a third party and to terminate the accounts of users that are determined to be repeat infringers.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Locavana may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at info@locavana.com.
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Locavana any unpaid amount that was due prior to termination.
Locavana reserves the right to modify or discontinue all or any portion of the Service at any time, temporarily or permanently, without notice to you. Locavana will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Locavana, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Locavana Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms; (3) your violation of any third-party right; or (4) any dispute or issue between you and any third party.
THE SERVICE AND ALL GOODS, MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. LOCAVANA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL GOODS, MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER, INCLUDING RETAILERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LOCAVANA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LOCAVANA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $100.
IN NO EVENT WILL THE LOCAVANA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE.
Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Locavana agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LOCAVANA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Locavana LLC, Attention: Arbitration Opt-Out, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration.
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Locavana.
YOU AND LOCAVANA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Locavana regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
These Terms are governed by the laws of the State of Michigan without regard to conflict of law principles. You and Locavana submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Michigan for resolution of any lawsuit or court proceeding permitted under these Terms.
Please read the Locavana Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Locavana Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Service is offered by Locavana LLC. You may contact us by emailing us at info@locavana.com.
This Section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Locavana only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
